Florida Senate - 2015 CS for SB 80
By the Committee on Judiciary; and Senator Flores
590-02821-15 201580c1
1 A bill to be entitled
2 An act for the relief of Michael and Patricia Rardin
3 by the North Broward Hospital District; providing for
4 an appropriation to compensate Michael and Patricia
5 Rardin for injuries sustained as a result of the
6 negligence of the North Broward Hospital District;
7 providing a limitation on the payment of fees and
8 costs; providing an effective date.
9
10 WHEREAS, on July 14, 2011, Michael Rardin, a 42-year-old
11 construction company employee earning a six-figure salary,
12 visited the emergency room at the North Broward Medical Center,
13 which is owned and operated by the North Broward Hospital
14 District, complaining of chest pain, shortness of breath for the
15 prior 2 weeks, and the need to sleep during the day, and
16 WHEREAS, based on Mr. Rardin’s alarming vital signs, he was
17 triaged as a priority 1/critical patient, and
18 WHEREAS, Mr. Rardin was evaluated by Susan Nesselroth,
19 M.D., at 2:04 p.m., who noted that his chief complaint was
20 persistent shortness of breath with an associated cough, and
21 WHEREAS, Dr. Nesselroth ordered an oxygen saturation
22 monitor, which reported a critical oxygen saturation level of 53
23 percent, and a nonrebreather mask with supplemental oxygen, and
24 WHEREAS, Mr. Rardin was to be monitored in the emergency
25 department, and
26 WHEREAS, in violation of the standard of care, Mr. Rardin,
27 a priority 1/critical patient, was not placed on a centrally
28 monitored respiratory or cardiac monitor, and
29 WHEREAS, a chest x-ray was performed, which indicated a
30 left lower lobe infiltrate, and Dr. Nesselroth’s diagnostic
31 impression was left lower lobe pneumonia and hypoxia, and
32 WHEREAS, Mr. Rardin proceeded to progressively deteriorate
33 for about the following 2 hours, and
34 WHEREAS, at 3:57 p.m., Dr. Nesselroth was called to Mr.
35 Rardin’s bedside and a nurse noted increased respiratory
36 distress and difficulty arousing Mr. Rardin, and
37 WHEREAS, at Mr. Rardin’s bedside, Dr. Nesselroth evaluated
38 him as unresponsive, diaphoretic, and as having agonal
39 respirations, and
40 WHEREAS, in violation of the standard of care, Mr. Rardin
41 was not intubated until about 2 hours after Dr. Nesselroth’s
42 initial evaluation that indicated critical oxygen values, and
43 WHEREAS, at 4:05 p.m., the first of two intubation attempts
44 resulted in an esophageal intubation, where oxygen was being
45 delivered to Mr. Rardin’s stomach rather than his lungs, and
46 WHEREAS, as a result of the faulty intubation, Mr. Rardin
47 became asystolic and a code was called, which led to the
48 administration of cardiopulmonary resuscitation (CPR) and
49 Advance Life Support (ALS) efforts, and
50 WHEREAS, by the time hospital personnel were able to
51 successfully intubate Mr. Rardin he had suffered a serious and
52 permanent hypoxic brain injury due to the length of time,
53 approximately 10 minutes, during which his brain did not receive
54 sufficient oxygen, and
55 WHEREAS, as a result of the hospital personnel’s negligent
56 failure to monitor and timely intubate Mr. Rardin, he now
57 suffers from a permanent brain injury and symptoms such as
58 visual disturbances, short-term memory loss, and severe
59 depression, and
60 WHEREAS, as a result of the hospital personnel’s negligent
61 failure to monitor and timely intubate Mr. Rardin, he can no
62 longer support his family or provide the company and affection
63 that he otherwise would have provided to his wife, Patricia
64 Rardin, and their two minor children, Emily and Kayla Rardin,
65 and
66 WHEREAS, a tort claim was filed on behalf of Michael and
67 Patricia Rardin, Case No. 12-034723(13), in the 17th Judicial
68 Circuit, and
69 WHEREAS, the North Broward Hospital District and Mr. and
70 Mrs. Rardin have agreed to settle the claim for $2.2 million,
71 and
72 WHEREAS, $200,000 has been paid pursuant to the statutory
73 limits of liability imposed under s. 768.28, Florida Statutes,
74 and
75 WHEREAS, the North Broward Hospital District has agreed to
76 fully cooperate and promote the passage of this claim bill in
77 the amount of $2 million, the remainder of the settlement
78 amount, NOW, THEREFORE,
79
80 Be It Enacted by the Legislature of the State of Florida:
81
82 Section 1. The facts stated in the preamble to this act are
83 found and declared to be true.
84 Section 2. The North Broward Hospital District is
85 authorized and directed to appropriate from funds of the
86 district not otherwise appropriated, including insurance, and to
87 draw a warrant in the sum of $2 million payable to Michael
88 Rardin and Patricia Rardin, as compensation for the catastrophic
89 injuries and damages Mr. Rardin sustained.
90 Section 3. The amount paid by the North Broward Hospital
91 District pursuant to s. 768.28, Florida Statutes, and the amount
92 awarded under this act are intended to provide the sole
93 compensation for all present and future claims arising out of
94 the factual situation described in this act which resulted in
95 the catastrophic injuries to Mr. Rardin. The total amount paid
96 for attorney fees, lobbying fees, costs, and other similar
97 expenses relating to this claim may not exceed 25 percent of the
98 amount awarded under this act.
99 Section 4. This act shall take effect upon becoming a law.